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Helen

 

yes tyhisd looks ok ill make some comments and see what you think.

 

hi Glenn

is this letter the LBA then?

 

I am in reciept of the documents that you have supplied in response to my data protection act information request dated 09/12/06,17/12/06,04/01/07. The disclosure of personal data is incomplete in that at least the following documents are missing. You have failed to provide a complete list of charges requested particulalry the 'Advanced notification of charges for 2000-03. they are the breakdown of quarterly charges specifically for the said years some text deleted here which are not included. I might add that the 2003-06 Ad No Ch were typed individually and not sent in statement foramt, this is a perfectly accepted foramt for the remainder on my request.

 

Accordingly, i ahve to tell you that you ahvenot yet complied with your obligation under the D.P A 1998 section 7. I am willing to accept this data in any legilble and understandable format aas previously stated.

 

In an effort to avoid the possibleity of court action you are reqwuired to provide the requested information. In the event that the requested inof is not forthcoming within the statutory period i will insitgate court action under section 7 of the Data Protection Act 1998. If you do not comply fully with my S.A.R - (Subject Access Request) within 7 days, i shall apply to the courts for an order to enforce compliance, together with damages at the discretion of the court.

 

Glenn feel free to adjust in any way u see fit, do i head the letter LBA or S.A.R - (Subject Access Request).

 

my not get back on site till 4.30. do your best

thanks:)

 

I would head the letter SAR and LBA

 

This is becoming an increasingly common problem there are a number of banks saying they cannot provide data for one reason ort another, its my view that this is arising as a result of pople asserting their rights to claim unlawful charges from beyond six years. The implications for the banks are enormous, this will increase their laibiilty by several orders of magnitude i think.

 

HTH

 

Glenn

 

PS please dont forget to spell check before sneidng rofl

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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hi Glenn

 

done the letter last night, i am sending it registered post, but i worry that as it is a business account the rules maybe different, even tho our names are atthe top of the statements and home address, the business name is the second line. If i can not access this data i will be extremely p*ss*ed off, perhaps i could set a president for the business peeps, but your advice is as always needed, what would ahppen do you think if i do complete an M1 form and the courts laugh me out of office or i have broken some rule, could i end up with much egg on my worried face.

printed off data protection info and read it to the letter, i have just followed what it said in the hope i am right. fingers crossed eh. wotsthe worsed that can happen.

 

thanks again.

hels

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Helen

 

Re filing at court, the Data Protection Act only applies to individuals who are living and is about the protection of their data. If you and your husband can be identified by reference to the data the bank holds on you, business account of otherwise, then i believe the DPA applies.

 

On this basis the court wont laugh you out and the bank will have to provide it or show a legitimate reason, by that i mean a lawful reason why they don't have to..

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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hi Glenn

 

thanks for all the advice and help, can you show me a site to help me with the N1 form as i believe i will need one, and will it show me how to words everything, wot do i write, are there N1 form on this site just requesting thier info or are they all N1 for claims request. No doupt my bill to u is growing by the hour:)

 

as usuually thankyou:smile:

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Helen

 

I wold suggest using the particualrs of claim on my thread Glenn vs co-op with the modifications i am abouit to post since i have just got back from a hearing re this issue.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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hi Glenn

 

help me out here as usual i cannot find the thread you are talking about, but one question i feel i need to ask, are u sure that its the N1 form i have to complete for court as these forms are for peeps trying to claim money/charges ect, i want the info intially then obviously i will go for the charges but would there be another form i should complete or not. please make life simple for me and and add the direct link to your last quote as you know i am crap on these things.

 

N1 form or not, wot do u think, should i speak to the courts.?

 

thanks as always

Hels

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Helen,

 

Until very recently, I worked for Barclays Local Business, and I belive I can be of assistance.

 

Every letter you are ever sent by the bank is stored electronically, if I was at work, I could read letters more than 6 years old.

 

Now, I suggest you call through on the usual number (0845 605 2345) Pressing option 3.

 

If you get through to a regular advisor rather than a local business manager, ask to be put through to Gadbrook Park.

 

Gadbrook park can, do, and WILL send copys of as many PNC (Pre Notification Of Charges) reports as you need, free of charge.

 

If you have any other questions, please dont hesitate to contact me :)

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Helen

 

Yes its definitely the N1, the N1 is for any claim in the country court i believe.

 

http://www.consumeractiongroup.co.uk/forum/cooperative-bank/19031-glenn-co-op.html#post498940

 

The court may not understand and tell you to fill in something else, you need to add a small amount of damages, save five pounds, this make it primarily a money claim and the fee is 35 pounds, if you don't claim any money along with the claim for non compliance it will cost you 150 i think or something like that.

 

Re ringing them up, bearing in mind the position they have taken i would suggest that you decide to either ring them and possibly wait or to proceed with a claim for non compliance.

 

If you ring they are under no obligation to provide the info in any time frame or at all. Even if you pay for it.

 

The choice is yours but i wouldn't be surprised if your account was marked in some way bearing in mind your persistence in trying to obtain your info.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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If you ring they are under no obligation to provide the info in any time frame or at all. Even if you pay for it.

 

The choice is yours but i wouldn't be surprised if your account was marked in some way bearing in mind your persistence in trying to obtain your info.

 

JMHO

 

Glenn

 

Hang on a minute. There is no way of leaving markers on customer accounts that indicate that they are trying to claim back a charge/charges, and if that was the case, this would need to be disclosed to the customer should they ask.

 

Having used Barclays software for years, and more importantly, within business banking, I can tell you 100% certain there is no such 'marker'

 

So, just try what I said. It may not be the method that you should have to use, but it will get you all of the PNC sheets that you require, free of charge.

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Pezboy perhaps it might help if i clarified what i was getting at, Helen has applied for her data which should have been supplied under the SAR.

 

She has been refused her data twice, going you route may produce the data it may not, i would find it surprising if there was not a note on her record of the correspondence, this is what i meant by a 'marker'.

 

It would seem curious for the dept responsible for supplying customer data to tell Helen she cannot have her data but then another dept to supply it without question free of charge, if they do then thats fine.

 

But this part is the fact of the matter, if Helen asks informally as you are suggesting she may get her data quickly or she may not.

 

If its the latter she has no effective recourse and that could affect her ability to claim back some of the charges dependant on the age of those charges she is claiming.

 

If she goes the court route then at least she knows that the bank cannot ultimately dictate what happens, beyond supplying the data assuming we are both right and they that data.

 

But as i said its entirely up to Helen which way she goes.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Pezboy perhaps it might help if i clarified what i was getting at, Helen has applied for her data which should have been supplied under the S.A.R - (Subject Access Request).

 

She has been refused her data twice, going you route may produce the data it may not, i would find it surprising if there was not a note on her record of the correspondence, this is what i meant by a 'marker'.

 

It would seem curious for the dept responsible for supplying customer data to tell Helen she cannot have her data but then another dept to supply it without question free of charge, if they do then thats fine.

 

But this part is the fact of the matter, if Helen asks informally as you are suggesting she may get her data quickly or she may not.

 

If its the latter she has no effective recourse and that could affect her ability to claim back some of the charges dependant on the age of those charges she is claiming.

 

If she goes the court route then at least she knows that the bank cannot ultimately dictate what happens, beyond supplying the data assuming we are both right and they that data.

 

But as i said its entirely up to Helen which way she goes.

 

HTH

 

Glenn

 

I see what you are saying Glenn, and I do understand your point.

 

The thing is, the Customer Relations team that deal with these claims are not in constant contact with the Local Business teams. Asking on the 0845 605 2345 number WILL get you the PNC reports, but not through the route one would normally follow.

 

I'm not suggesting for a minute that this is the ideal solution, but it will get what Helen needs. I still of course advocate further action with regards to the DPA issue.

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hi Glenn And pezboy.

 

I have contacted who u suggested and it seems there is no probs with them supplying me this dada, they adviced it would be with me in the next 7 working days, my dilema now is do i wait this amount of time and hopefully it will come, or do as i assured the bank i would do and start court action which is due to be submitted on Friday 26 jan. please don,t say its my call, wotas the safest route to take in the circumstances.

 

your guys are mint by the way,

 

hels bells

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Helen

 

its good news they say they will provide the data, however, you need to be clear, they are not i presume treating your request as an application under the Data Protection Act, in which case you have no right to claim if it doesn't turn up, at least not under the DPA anyway.

 

If we assume the data doesn't turn up after seven days you have wasted some time, but can bring the fact that you have been promised the data by this dept (i would write to the person you spoke to confirming the request and their offer of the information within seven days) and point out that there would appear to be no reason why the relevant data can be provided by the bank.

 

I would at that stage write to the bank formally asserting your rights to the data and use the evidence of the phone call and the notes you made (because you did make notes didn't you?) to support Pyotr claim for non-compliance.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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hi Glenn

 

i made note today and i know which departement i spoke to yesterday and what they said. today however they maybe some changes afoot, Tim from the coprate responce team rang me telling me i could not have this data as it is held on micro [thingy], however i pointed out yesterday this was not a problem, he the nasked why i wanted the info so i told him, he asked if i would be claiming back charges, i answered only if they were unreasnable charges. he then said he was unsure if i could have the info but could not answer why, i then said thats ok i will ask the judge to decided if they are not compliying with sect 7 DPA. however i pointed out that judges are not taking kindly to breech of this act but it was his choice. He added he would call me later today and do all he could to get me the info. I wait with baited breath, this maybe a suprise for pezboy eh.

has he got anymore suggestons that might help.

:(

hels bells

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glenn

 

they also asked me to send in a request SAR, which obviously i told Tim i had sent 3 with the 4th being LBA. funny that this info is not on his computer,it seems, as you thought, my account has some kind of a marker attached to it as those are the words Tim used exactly. marker attached to your file. which said what i asked, he could not tell me, he answered, !!!!!!!!!

 

my thanx as always

hels

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Helen

 

Re the microfiche system thats an admission worth having, they have your data and also we know that the Information Commissioners Office has ruled their fiche system as a relevant filing system so the data should be supplied under the S.A.R - (Subject Access Request).

 

As I said previously pursuing this route will take up your time and personally I would pursue the non-compliance route.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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hi glenn

 

Just thougt you owt to know, i have just received a p/call from Mr. towsend himself DPA manager as i am sure you know. He said he had written to me and i should have received it this morning, [not at home yet] i asked him if he had sent the requested info, he said 'no' i asked if he would be sending the info he said 'no' . the call ended then .

he seemed pretty sure of himself, his tones ect. hope we are all right as it looks like court here i come.

 

regards.:confused:

 

hels.

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hi glenn

 

Very cheecky i know, but i rang tim again and asked if he had any news, he was waiting for a call, i did not tell him about Mr. Townsend calling me, Tim confirmed... get a load of this.. that our info is stored on micro for at least 12 years so to getting info from 2000-03 will not be any problem, i asked him to repeat this so i could write it down accuratly, wow good info. to be used accordingly i would say.

 

hels.:D

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LOL

 

Helen, excellent, can i suggest you make a written not of this and record the time, date, who you spoke to both names if poss, all the details and then copy it and keep the orignal plus the copy.

 

If your data doesnt turn up I would write back to them highlighting the conversations you have had and the information supplied and ask them if they are prepared to supply the dta in light of this information coupled with the published opinion of the ICO about the relevance of thier filing system.

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Hi Glenn,

 

how things change, another call from Barclays at Gadbrooks spoke to the same lady i spoke to this morning, she said she had spoken to my support team and her manager and this information i have requested is not stored at all, the banks are not compellled to save it beyound three years and they have sent me my statements with this info on. I asked why the info went after 3 years, was it destroyed, if so who gave authority to destroy do this, no reply, i asked if she would send me the policy which states this is the procedure the banks follow that i must have signed for this to be ok, she said my complaint had been noted, i asked again could i have the policy stating my info is destroyed after three years please; silence silence, silence. she then said my concerns had been noted and said goodbye

 

now i have to prepare the N1 form for Friday whithout the use of the internet[ still not on at home] i printed of your stuff, to try to help me complete the N1 correctly hope this was ok Glenn. however do i include all todays calls

 

could do to know what pezboy thinks of his ex employee and the fibs they tell....

 

Hels

ps tim still not called back but i have a hope .:)

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Helen

 

i would add in the info you now have from Tim and others, its clear form the information you have been given that the secti required to supply your data doesnt know how many records they have, is it thre, six or twelve years of data?

 

For confirmation when you add in the information you have gained over the last couple of days, make sure you quote the date and time and full name of the indivudal you spoke to and inlcude as evidence copies of your handwritten notes, again make sure when you copy them that the dates and times etc are all legible.

 

JMHO

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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